What can be deducted from tenant with pets on move out

Question

My tenant just moved out and the carpet was brand new when they moved in and in 1 year it looks like it is 7 years old. Can I withheld security deposit for the damage as she had 2 pets and looks like the dog chewed in the carpet by the room doors.  I only have 500$ pet deposit but the cost to replace carpet is way more what should I do.

Josh D. · Answer

Kristine Marie Poe

That is good information but I think he said the carpet was brand new when they moved in.  I would probably charge them the full amount for new carpet, if they dispute it modify the claim to 4/5's or 6/7's of the cost of new carpet and then add a charge for treating the sub floor that will cover the entire cost of the carpet.  I hate carpet.

Account Closed · Answer

In California the courts do not allow landlords to deduct 100% of replacement carpet. The OPs tenant used 1 year of the useful life of the carpet and pad. The useful life should have been spelled out in the lease.  5 years is typical here, but it could have 7 or 10 years.  By not spelling it out, you leave the judge to decide. Showing up in court with a lease that didn't address useful life and then trying to charge a tenant for a 100% replacement is just asking for trouble.  And a judgment not in your favor.

The OP should definitely charge for any necessary remediation of pet damage, such as treatment of subfloors, etc.

Josh D. · Answer

You can only deduct damages beyond normal wear and tear as Walt said but if a pet urinated on carpets or chewed them up and they must be replaced I would charge them for the entire cost of the new carpet.  Really bad cat or dog urine can be really hard to get rid of as it will soak into the concrete below the carpet and you'll have to tear the carpet up and treat/seal the concrete.

I haven't had too many problems with carpet as I would rather spend the money to tile an entire house once than deal with cleaning and replacing carpet constantly.

Whatever damage the pets did in excess of the pet deposit you can obviously take out of the rest of the security deposit and if that still doesn't cover it let the tenant know they owe the balance and you will take them to small claims court if they refuse to pay.

If you'd rather put the money towards tile (that is what I'd do) just get a quote for replacing the carpet so you know how much to charge them.  I typically don't provide quotes or receipts unless a tenant challenges my security deposit claim.

Account Closed · Answer

Read up on "useful life" and "wear and tear" of carpet and paint. Those terms should have been spelled out in your lease.  Now you'll know for next time.

Read the link below:

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

If the security deposit amount plus the $500 pet deposit, doesn't cover your repair/cleaning or replacement costs, you'll have to take your tenant to court to get them to pay or get a judgment.

Tenant owned pets and carpet don't go together.  Rip up that carpet and put down something else if you are planning to rent to pet owners again.

Walt Payne · Answer

Anything beyond normal wear and tear. Document original purchase and damage.

This is why I won't accept pets, and also why I do tile rather than carpet.